Procedural Information BulletinNo. 128

for the sitting period 15-18 February
1999

22 February 1999

Elections for the Senate

On the first day of the 1999 sittings, the Senate, without a
division, agreed to the following motion for a matter of urgency
under standing order 75:

The need for the Senate to express clearly and firmly its
opposition to any attempt to manipulate the Senate voting system in
order to advantage the government of the day.

The motion was prompted by a suggestion from Senator Coonan
(Liberal, New South Wales) that the government might consider
legislation to alter the Senate voting system in order to eliminate
the minor parties and gain a majority in the Senate.

Delegated legislation

The Senate disallowed on 16 February regulations which sought to
implement the government’s policy of exempting small
businesses from the unfair dismissal laws. This was stated to be
the fifth occasion on which the Senate has considered this move. In
the last Parliament the Senate twice rejected a bill with the same
purpose, thereby providing the government with a "trigger" for a
double dissolution, a "trigger" which was not utilised.

The notice of the disallowance motion was given on the first day
of the sittings immediately after the regulations had been tabled
(the notice was given by leave because the regulations were tabled
after the time for giving notices). The Labor Party wished to give
notice of a disallowance motion at the earliest opportunity, but
had to wait until after the regulations were tabled (see
Odgers' Australian Senate Practice, 8th ed, electronic
update, pp 334-5).

Order for the production of documents

An order for the production of documents was passed on 18
February, calling for all documents relating to the Jabiluka
uranium mine proposal generated since 1 October 1998. The order is
directed to Senator Hill as Minister for the Environment and
Heritage.

Legislation

The Electoral and Referendum Amendment Bill (No. 2) 1998 was
considered over several days and extensively amended in relation to
such questions as voting by persons in gaol and assisted voting by
disabled persons.

The Year 2000 Information Disclosure Bill 1999 was amended on 18
February, particularly to require reporting to Parliament about
progress by Commonwealth agencies in relation to year 2000
remediation.

Witnesses

During its hearings on the unfair dismissals laws, the
Employment, Workplace Relations, Small Business and Education
Legislation Committee was disturbed to discover that the expenses
of private witnesses had been paid by the Department of Employment,
Workplace Relations and Small Business. Although there appears to
be no evidence that the witnesses’ testimony was tainted by
the payment of expenses or that the committee was misled, the
committee decided to ask the President to refer the matter to the
Procedure Committee.

Committees

An extra extension of the time for the Environment,
Communications, Information Technology and the Arts Legislation
Committee to report on the Telstra (Transition to Full Private
Ownership) Bill 1998 was made on 15 February, contrary to the
wishes of the government. The non-government parties wished to give
the committee an extra two weeks to report.

The first committee report on the government’s taxation
proposals, by the select committee (see Bulletin No. 127, pp 1-2),
was presented on 18 February. The committee gathered a considerable
volume of independent evidence on the effects of the proposals.